Profile image
Cormac practises in employment, discrimination, collective labour law, and social housing.

Cormac specialises in all areas of employment law. He has recently been instructed in cases involving: discrimination, whistleblowing, trade union matters, TUPE, unfair dismissal, worker status issues, wages, flexible working requests, holiday pay, and contractual claims.

Before coming to the Bar, Cormac was a legal officer at United Voices of the World, a trade union representing low-paid and migrant workers. He represented workers in the employment tribunals and the union before the Central Arbitration Committee.

In summer 2021, Cormac was a stagiaire at the European Court of Human Rights, where he assessed the admissibility of applications made against the UK. His master’s degree focussed on the interaction between human rights law and private law.

Cormac has a broad discrimination practice which spans employment, social housing, and civil discrimination claims. In the employment context, he has undertaken multi-day trials in complex discrimination claims involving a range of protected characteristics, including disability, pregnancy, and race. In the social housing context, he has particular experience in representing disabled tenants and homeless people.

Employment and Discrimination

Cormac practises predominantly in employment and discrimination law (including non-employment discrimination). He represents parties in multi-day trials and has a busy advisory practice.

Cases include:                                                            

  • Represented  the claimant in a strategically important worker status claim in respect of 25 years’ unpaid holiday pay, which raised an issue about whether the definition of “employee” under regulation 2(1) TUPE includes limb (b) workers. The Respondent instructed a leading silk and the case settled on the first day of the hearing.

  • Harrison v Heritage Venues Ltd 330161/2023 – represented the claimant in 2-day trial in relation to her selection for redundancy after she returned from maternity leave. Claims of unfair dismissal, indirect sex discrimination and part-time working detriment upheld.

  • Advising a political party member with anti-Zionist beliefs on the merits of a civil claim for philosophical belief discrimination.

  • As junior counsel, acting in a case concerning whether restaurant tips distributed through a “tronc” scheme form part of an employee’s average weekly remuneration for the purposes of calculating holiday pay entitlement (led by Paras Gorasia).

  • Kelly v London Underground Limited 2207830/2022 – represented a claimant with degenerative hearing loss in a 5-day trial concerning a failure to provide a hearing aid. Claims of failure to make reasonable adjustments and harassment related to disability upheld.

  • Advising a graduate student employed by an Oxbridge College on claims arising from allegations of sexual assault.

  • Represented senior academics in a KC-led independent grievance investigation into allegations of trade union victimisation.

  • Represented a claimant engaged in a safeguarding role at sex parties organised by the Respondent company in a 2-day preliminary hearing, successfully establishing worker status under ERA 1996 and employee status under EA 2010.

  • Advising on a range of contractual issues, including penalty clauses and clawback clauses relating to training and bonuses.

  • As junior counsel, defending a career-long financial loss discrimination claim, currently on appeal to the EAT (led by Paras Gorasia).

  • Evans and others v Solace Womens’ Aid 2200468/2022: represented four counsellors engaged by a domestic violence charity in a 2-day preliminary hearing, successfully establishing worker status. Claim settled in respect of taken but unpaid annual leave.

Collective Labour Law

Cormac has a particular interest in the law relating to trade unions, including industrial action and collective bargaining.

Cases include:

  • Advising a trade union on a group claim under s.145B TULRCA in relation to the Respondent’s unilateral imposition of a pay rise outside the collective bargaining procedure.

  • Advising a trade union on the implications of the Supreme Court judgment in Secretary of State for Business and Trade v Mercer.

  • Advising a trade union on the lawfulness of nationwide industrial action in the public sector.

  • As a trade union legal officer, represented the union in CAC hearings concerning the appropriateness of proposed bargaining units, allegations of unfair practices in relation to balloting, and specifying the method of collective bargaining.

 

 

Housing, Social Welfare and Property

Cormac represents tenants and homeless people in private and public law disputes, including:

  • Defending possession proceedings, including public law and Equality Act defences.

  • Anti-social behaviour injunctions and committal proceedings.

  • Judicial review of homelessness decisions.

  • Homelessness appeals under s.204 HA 1996.

  • Claims for damages and injunctive relief relating to disrepair.

  • Prosecution of landlords under s.82 Environmental Protection Act 1990.   

Cases include:

  • Representing student protestors from the University of Bristol Palestine Encampment in possession proceedings brought by the University, reported in The Guardian.

  • Sullivan v Isle of Wight Council (2024) September Legal Action 57: successful appeal under s.204 HA 1996 against a decision of intentional homelessness, on the basis that the council had failed to consider whether the applicant’s mental health conditions and gambling addiction meant that her accrual of rent arrears was not a deliberate act within the meaning of s.191(1) HA 1996.

  • Harding v Bell (2023) November Legal Action 37: successful defence of possession claim brought under s.21 HA 1988, on the basis that a landlord is unable to rely on the deemed service provision in CPR 6.26 in relation to a s.21 notice.